There seems to be a general misunderstanding of what constitutes illegal activity within the sex worker community. Everyone understands what prostitution is and how it is illegal except within licensed brothels in several counties in Nevada in the United States. However, there is a misconception that escorting, spending time with someone in exchange for money, but not engaging in sexual activity is completely legal. And then there is the grey area of being a Domme or a Dom, if you’re a man. Most Dommes or Doms, do not engage in penetrative sex, so therefore, there is a misconception that it is not prostitution. However, this really depends on how the laws defining prostitution are drafted in your particular state. Since there is some type of sexual pleasure being paid for by a client, it is quite possible that a local District Attorney or City Attorney, may be able to bring prostitution charges against a Domme or Dom. I would strongly suggest that any Domme or Dom reading this, consult with a local criminal defense attorney to clarify this issue. Better safe than sorry.

As to the issue of escorting without engaging in sexual activity, this may also be illegal in your state, county or city, unless you are a licensed escort working under a licensed escort agency. In Los Angeles, there is a Municipal Code section that allows for the licensing of escort agencies and escorts themselves, through an agency.

These are the actual code sections from the Los Angeles Municipal Code;

In Los Angeles, if someone merely shows up for an appointment with a client, and that appointment ends up being a sting operation, if you are not a licensed escort, that person can still be arrested and prosecuted for escorting without a license, whether they were there to have dinner, give a massage, perform a strip tease or just talk. It makes no difference why the person was there, the mere fact that they were only exchanging their non sexual services and/or time for money is still illegal without a license. I have handled numerous cases in criminal court in Los Angeles, wherein my client got arrested during a sting operation and did not offer to engage in sexual activity for money. They could not be charged with a prostitution related offense, however, they were still charged with escorting without a license, which carries the exact same penalties as prostitution. No pun intended, but they get you coming or going.

There are many cities that allow for legal escorting. For example here is the municipal code for Milwaukee, WI in regards to legal escort businesses;

http://city.milwaukee.gov/ImageLibrary/Groups/ccClerk/Ordinances/Volume-1/CH89.pdf

And in Denver;

https://www.denvergov.org/content/denvergov/en/denver-business-licensing-center/business-licenses/escort-service.html

And in Phoenix;

https://www.phoenix.gov/cityclerksite/Documents/escortbro.pdf

And Scottsdale, Arizona

http://www.scottsdaleaz.gov/Asset48633.aspx

Again, I would strongly suggest that you contact and consult with a local attorney in your area in regards to escorting laws in your town or city. There may or may not be codes against escorting without a license.

However, here is the interesting aspect to being a legal escort with a license. Since it is a legal and licensed activity, it would perfectly legal to advertise as a legal and licensed escort online even under FOSTA. FOSTA does not affect legal escorting with a license, only illegal prostitution.

For the past three weeks, since FOSTA was passed by the Senate on March 21, 2018, almost the entire discussion has been on how FOSTA will effect online escorting ad sites and online escort sites themselves. Little has been said about how FOSTA will impact camsites, dating sites, apps, good ole’ fashion porn membership sites, free porn tube sites, not to mention sites such as OnlyFans, Sextpanther and the various clip stores. Realize that FOSTA can impact any site at this point. We simply do not know how, if and when the government will begin to enforce FOSTA.

Make no mistake, FOSTA is not only about limiting online escorting ad websites, it can also be used to censor any website. FOSTA is so badly written that it has broad free speech implications. Prior to FOSTA, CDA Section 230 protected websites from the posts of its users. Now when it comes to posts that facilitate or promote prostitution, those protections have been stripped away. Websites and their owners and also those who run/manage the websites, have criminal and civil liability under FOSTA.

Any form of media can be used to convey a message to facilitate or promote prostitution. Photos, videos and live cam shows can all be used by escorts to advertise to potential clients and customers. Forum message boards, comment sections, even profile descriptions can be used to convey a willingness to engage in escort and prostitution activities.

Simply requiring your models, cam performers, dating site members, tube site channel partners, members, ect to promise not to promote or facilitate prostitution while using your website just is not enough. Changing your TOS will not alter the requirements of FOSTA or your responsibility under it.

There is no doubt in my mind, that as more and more escort listing sites close or are possibly prosecuted, more and more escorts will move to advertise on camsites, dating sites, seeking arrangement sites, free tube sites, or just about anywhere they can advertise openly.

Even local law enforcement in Utah realize this, so should you;

http://kutv.com/news/local/utah-cops-warn-dating-app-users-to-be-on-the-lookout-for-sex-workers-after-feds-seize-back

Backpage was THE main website that law enforcement used to conduct prostitution stings. Those undercover law enforcement officers, now that Backpage has closed, will move to other sites as the escorts move. Is your site ready ?

UPDATED: The FOSTA Seminar will be held on April 21st at 11am and continue to approximately 4pm. The Erotic Museum in Las Vegas has been kind enough to donate their space for the seminar ( https://www.eroticmuseumvegas.com/ ) Thank you to Dr. Victoria Hartmann, Exec. Director of the Museum for her graciousness ( https://twitter.com/DoctorVictoria ) There will be security at the event so everyone can feel secure and I will be catering the lunch.

I have had a lot of questions and push back on why I am not broadcasting this seminar over the Internet. The materials that we will cover and discuss are simply too sensitive at this point in time. And I want those who do attend to be able to speak freely and ask the questions that most concern them. As helpful to the community as a live stream would be, I believe that the community might not fully understand the implications of what is happening and how law enforcement in the US, both local and federal, are waging a war on sex workers. I would not be able to control a live stream and it could easily be recorded and shared with those that are trying to prosecute sex workers.

I strongly suggest to those that are openly discussing FOSTA and online escorting/sex work to do so very carefully, if not at all publicly. Its far too easy for the U.S. government to collect electronic information, why make it easier?

You may want to read this article – https://adultbizlaw.com/2018/04/08/the-recent-8-year-war-on-sex-and-why-you-should-be-paranoid/

If you can make it to Las Vegas next Saturday sign up for the seminar here; (if your information disappears as you more to the next line do not worry, that is just a glitch in the program, just continue and click submit)

It has only been three days since FOSTA was signed into law by President Trump. It is far too soon to know what will happen next. However, what is clear is that vast swaths of the Internet have been censored. This is not unique as a technique the government uses to censor the Internet. This has all happened before. Below is a small sample of the fall out of FOSTA. These are all sex worker friendly sites that have closed or has changed parts of their services provided;

1. AdultOpenDirectory
2. Backpage.com
3. CallEscort.com
4. CallEscort.org
5. CityVibe
6. Craigslist
7. DommeCraft.com
8. Eccie.net
9. EscortDesign
10. FetLife
11. HungAngels
12. Men4RentNow
13. MojoEscorts
14. MyFreeCams.com
15. MyProviderGuide.com
16. MyScarlettBook.com
17. NightShift
18. OffBeatr
19. Preferred411.com
20. ProvidingSupport.com
21. Reddit
22. RentBoy.com
23. SouthernGFE.com
24. SpaHunters.com
25. SWOP Sacramento
26. The Erotic Review
27. TheEscortGirl.com
28. TouchedByVenus.com
29. USA SEX GUIDE
30. VerifyHim
31. Yellow Pages
32. YourDominatrix.com

Thank you to http://thedrsuereview.com/list-of-fosta-sesta-fallout/ for compiling this list and keeping it updated. On Tuesday April 17 at 10pm EDT, I will be joining Dr. Sue ( https://twitter.com/DoctorSue ) and Ashley Jill ( https://twitter.com/AshleyJillPinup ) for a live broadcast where we will be discussing the FOSTA/SESTA FALLOUT. Please join us and call in.

What you can see is that just the fear of FOSTA has already caused a chilling of free speech online and I believe this to be one of the intended consequences of FOSTA. Not one website or person has been raided, seized, arrested, prosecuted or convicted because of FOSTA but yet, a huge portion of sex worker websites are now gone. This is exactly what the government wanted. Its much easier and less costly to allow fear to close sites than it is to actually investigate and prosecute them. The fear of incarceration is a motivating factor for many.

Most of those of you reading this article might be unaware of another federal law that those who produce pornography are very familiar with 18 U.S.C. 2257 – SEXUAL EXPLOITATION AND OTHER ABUSE OF CHILDREN which requires producers of pornography to check the identification of actors and to keep records to insure children are not used in the production of pornography. Each violation of 2257 is a felony and carries up to a 5 year jail term.

When the government decided to enforce 18 USC 2257, more than 400 million webpages were voluntarily removed from the Internet because the owners of those websites did not believe they were compliant with the law and could be arrested. People were very afraid and simply shut down their websites completely.

You may ask, how many people has the US government prosecuted under 18 U.S.C 2257, well the answer might surprise you, one. Only 2 people were ever charged with a violation of 18 U.S.C 2257 – Joe Francis of Girls Gone Wild and Ira Isaacs but the charges against Isaacs were eventually dropped. Only Joe Francis actually accepted a plea deal on his 2257 charges and I believe he served no jail time for his violation.

400 hundred million webpages gone – and just one person went to jail.

FOSTA may be the government’s 2257 fear based legislation in regards to online escorting. Time will tell though. Just the fear of FOSTA is causing the same effect on the online escorting industry as the fear of 2257 did to the online pornography industry. Millions of pages have been removed from the Internet without a single shot being fired in the war.

Over the past several days the world has seen a fundamental shift in regards to online escorting and prostitution within the United States. With the raid and seizure of Backpage and the passage of FOSTA, it might seem like a war on sex workers has just begun, however, this last battle has been going on for at least the past 8 years.

Within the past several weeks the following websites have either shut down or removed aspects of their services in regards to online escorting;

• Reddit
• TheEroticReview
• Backpage
• CraigsList
• EEIC
• MyProviderGuide
• CityVibe
• FetLife
• Pounced (dating site)
• NightShift

I am sure in the coming weeks, this list will continue to grow.

Some mainstream sites changed their policies in regards to how their services could be used to possibly counter their use by sex workers;

• Microsoft – Skype/XBox
• Google Drive

I am sure I am missing some sites and services, but the point is that wide swaths of the Internet have been instantly censored. However, the truth is that this is war has been waged against online escorting and prostitution for the past 8 years. Everyone is probably aware of the issues that Backpage had in the last two years, however here is a short list of other sites that have been raided and/or closed in the last 8 years;

• 2010 – Craigslist.com – http://www.nytimes.com/2010/09/16/business/16craigslist.html
• 2011 – Escorts.com – https://domaininvesting.com/escorts-com-saga-over-for-national-a1-advertising/
• 2014 – Redbook.com – https://www.wired.com/2015/02/redbook/
• 2015 – RentBoy.com – https://www.nytimes.com/2017/08/02/nyregion/rentboy-jeffrey-hurant-sentence-sex-work.html
• 2016 – TheReviewBoard.com – https://projects.seattletimes.com/2017/eastside-prostitution-bust/
• 2016 – Backpage.com – http://reason.com/blog/2017/08/31/california-drops-kamala-harris-pimping
• 2017 – Eros.com – http://reason.com/blog/2017/11/13/eroscom-still-lives-but-homeland-securit

FOSTA is only the most recent battle. You can also add the CLOUD Act into the mix of  legislation that can be used to prosecute sex workers and website operators. On the horizon is California Senate Bill 1204, which will expand the definition to pimping/pandering to include language that would make anyone, including websites, pimps, for just encouraging prostitution. I anticipate other states will begin to introduce new legislation to combat online prostitution under the guise of fighting sex trafficking

This is a war of epic proportions. As an adult industry attorney with 14 years of experience in adult, I have never personally seen this type of an coordinated, long range attack on pornography. This is a reminder of the days of Reagan and the late 1980s and early 1990s.

https://www.washingtonpost.com/archive/politics/1993/01/11/us-crusade-against-pornography-tests-the-limits-of-fairness/89f47451-8b62-499c-b8ee-8923c3eb32eb/?utm_term=.d67da95f587b

To truly understand what the government might be doing now, I would highly recommend reading “The Government vs. Erotica The Siege of Adam & Eve” – it will provide a reference point for what happened during the last war on pornography.

What is occurring now and what has happened over the past 8 years certainly has the same signs and tactics the government used in the 1980s. Even the language being used by the politicians sounds very familiar.

In November 1987, President Ronald Reagan pledged in a speech to anti-pornography activists to put the “purveyors” of obscene magazines and films out of business. “Your industry’s days are numbered,” he warned.

California Senator Kamala Harris’s statement on FOSTA;

“For those who continue to support sex trafficking online, our message is clear: your time is up”

I do not want to sound paranoid but this could be the next siege. The difference between then and now, is that the government did not have the ability to so easily electronically eavesdrop and collect evidence on its citizens the way they do now. Now they actually openly admit to eavesdropping and collecting evidence;

https://arstechnica.com/tech-policy/2018/04/dhs-defends-media-monitoring-database-calls-critics-conspiracy-theorists/

They didn’t have the ability to work around the search and seizure prohibitions imposed by the US Constitution under the Fourth Amendment. Now they have the CLOUD Act;

https://www.eff.org/deeplinks/2018/02/cloud-act-dangerous-expansion-police-snooping-cross-border-data

And they didn’t have the targets of their raids and investigations openly discussing their activities on social media. They didn’t have everyone using one or two email services that could easily be subpoenaed. Those under investigation didn’t use online communication services that could be asked to privately snoop and record conversations without a warrant or wire-tap order. The government didn’t have AI to search for, identify and track social media influencers. The government didn’t have the ability to crack a cell phone and get your call list. They actually had to go before a judge and ask for search warrant to inspect AT&T’s phone records.

Be smart, keep discussions private. Keep them off line. Try to keep them in person.

Educate yourself, protect yourself. Contact and support those groups that support escorting and prostitution (these links are not an endorsement or imply that I have any affiliation, nor is it exhaustive);

https://esplerp.org/

http://www.redumbrellafund.org/

http://www.nswp.org/

http://www.coyotela.org/

http://www.swopusa.org/about-us/

http://desireealliance.org/

Here is a more comprehensive lists of sex workers’ projects around the US and the world;

http://www.bayswan.org/orgs.html

And absolutely talk to an attorney that understands these issues. If you cannot afford to consult with an private attorney, Red Light Legal was established primarily to assist sex workers;

http://redlightlegal.org/

If you are located in Las Vegas, or can attend, I would also suggest my free seminar on Saturday, April 21st at 11am to be conducted at the Erotic Museum.

https://adultbizlaw.com/2018/04/06/free-escort-performer-seminar-fosta-and-beyond/

UPDATED: The FOSTA Seminar will be held on April 21st at 11am and continue to approximately 4pm. The Erotic Museum in Las Vegas has been kind enough to donate their space for the seminar ( https://www.eroticmuseumvegas.com/ ) Thank you to Dr. Victoria Hartmann, Exec. Director of the Museum for her graciousness ( https://twitter.com/DoctorVictoria ) There will be security at the event so everyone can feel secure and I will be catering the lunch.

I have had a lot of questions and push back on why I am not broadcasting this seminar over the Internet. The materials that we will cover and discuss are simply too sensitive at this point in time. And I want those who do attend to be able to speak freely and ask the questions that most concern them. As helpful to the community as a live stream would be, I believe that the community might not fully understand the implications of what is happening and how law enforcement in the US, both local and federal, are waging a war on sex workers. I would not be able to control a live stream and it could easily be recorded and shared with those that are trying to prosecute sex workers.

I strongly suggest to those that are openly discussing FOSTA and online escorting/sex work to do so very carefully, if not at all publicly. Its far too easy for the U.S. government to collect electronic information, why make it easier?

You may want to read this article – https://adultbizlaw.com/2018/04/08/the-recent-8-year-war-on-sex-and-why-you-should-be-paranoid/

If you can make it to Las Vegas next Saturday sign up for the seminar here; (if your information disappears as you more to the next line do not worry, that is just a glitch in the program, just continue and click submit)

_____________________________________________________________________________________

What will the post FOSTA sex/adult industry look like? Are you concerned, worried or panicked? There is no question that with FOSTA the industry will change. But exactly how it will change is still unknown. But it’s not only FOSTA, there is also a new bill in California that expands the definition of pandering/pimping. And you also need to be concerned with the CLOUD Act. The future is here, and you should know what it will look like.

To help the community, I am offering a FREE closed seminar to escorts and performers (only) that want to learn about FOSTA and the future. If there is enough interest, I will set up a date/time/place at a secure and private location in Las Vegas for the seminar. The length of the seminar is open so that everyone will have an opportunity to ask whatever questions they may have. It will be scheduled for an upcoming Saturday in April. It will NOT be broadcast on the Internet for obvious reasons. Please go to my contact form and send me an email. All attendees will be screened for safety and security.

See the following links for more information on SESTA/FOSTA, California Senate Bill 1204 and the CLOUD Act;

https://adultbizlaw.com/2018/01/09/sex-workers-sesta-and-how-it-will-destroy-an-industry/

https://adultbizlaw.com/2018/04/05/another-bad-sex-worker-bill-on-the-horizon/

https://adultbizlaw.com/2018/04/06/fosta-the-cloud-act-the-1-2-punch-to-end-online-escorting/

While most of the attention of the adult industries (escorting, pornography and camming) have been focused on FOSTA, little attention has been paid to a hastily passed bill known as the the CLOUD Act – Clarifying Overseas Use of Data. This bill was tacked on the spending bill that was passed by Congress and signed by Trump on March 23, 2018. It was never debated by members of Congress, and there were no public hearings held in regards to this law. In all actuality, this law should have been named “How Do We Get Around the Constitution” Act. That is exactly what it enables the US (and foreign governments) to do.

Usually when the US government wants to secure online information about a US citizen stored on servers overseas, they have to follow a treaty, more specifically a Mutual Legal Assistance Treaty, to secure that information. In short, if the FBI wants communications from your profile stored on a server outside the US, they must send a request to the US State Department, who in turn sends a request to the State Department of the country where your communications is stored, who then sends it to a local law enforcement agency so they can go to the court and secure a subpoena signed by a judge for the information the US government wants.

The reason for the CLOUD Act has to do with the DOJ fighting Microsoft for information they wanted on a particular alleged criminal stored on Microsoft servers in Ireland. Except the DOJ was too either lazy to go through the MLAT procedure or they wanted to test the law that says a US subpoena on a US company for data held overseas is not sufficient due process under the Constitution.

Either way, Microsoft fought, and the case was going to be heard by the US Supreme Court shortly.

https://wccftech.com/doj-microsoft-irish-data-moot-cloud-act/

But now the Microsoft case is moot since the CLOUD Act has become law. And the way the CLOUD Act was passed is a story within itself, which you can read here;

https://www.eff.org/deeplinks/2018/03/responsibility-deflected-cloud-act-passes

So how does this relate to FOSTA ? Very simple, moving escort ads and escort listing websites overseas does not protect you, either as an advertiser or as a business. With the CLOUD Act, now all the US government has to do is to request that the foreign government provide them with the requested information about a US citizen and they will serve the subpoena on the local company, never providing you notice that your information is being subpoenaed and that information will be handed over to the US government.

So in reality, moving everything offshore may actually lessen your Constitutional rights under the 4th Amendment to privacy and unreasonable searches and seizures. For example the CLOUD Act;

• Includes a weak standard for review that does not rise to the protections of the warrant requirement under the 4th Amendment.
• Fails to require foreign law enforcement to seek individualized and prior judicial review.
• Grants real-time access and interception to foreign law enforcement without requiring the heightened warrant standards that U.S. police have to adhere to under the Wiretap Act.
• Fails to place adequate limits on the category and severity of crimes for this type of agreement.
• Fails to require notice on any level – to the person targeted, to the country where the person resides, and to the country where the data is stored. (Under a separate provision regarding U.S. law enforcement extraterritorial orders, the bill allows companies to give notice to the foreign countries where data is stored, but there is no parallel provision for company-to-country notice when foreign police seek data stored in the United States.)

Be very aware where your information is stored. Just because your Switter account, ProtonMail or escorting ad is hosted/stored overseas doesn’t mean its safe from the US government. Matter of fact, it may actually be at greater risk.

For more on the CLOUD Act see this link;

https://www.eff.org/deeplinks/2018/02/cloud-act-dangerous-expansion-police-snooping-cross-border-data

Congress.gov was updated in the last hour and it now indicates that HR 1865 – FOSTA has now been presented to President Trump for his signature…

If FOSTA hasn’t been enough to make those in the various sex worker industries collective heads spin, now you can add California Senate Bill 1204 to the mix. This bill, sponsored by Republican Senator Patricia Bates, from ultra-conservative San Diego and Orange County California is aimed at broadening the definition of “pandering” within the State of California.

Why Senator Bates needed to expand on the definition of pandering is anyone’s guess, but here is what she had to say about SB 1204 on her website;

“Defines pandering (as it relates to human trafficking) as arranging, causing, encouraging, including, persuading, or procuring another person to be a prostitute, with the intent that the other person engage in an act of prosecution. Essentially, this measure simplifies the pandering theories that prosecutors use in human trafficking cases to prosecute criminals.”

I have added the bold so you can see that Senator Bates wants to make it easier for prosecutors to charge and jail human traffickers. Of course no one likes human traffickers and everyone believes that they should be imprisoned for trafficking. However, the more broad a law’s wording is the more likely that the law will ensnare those that are not targeted by the law. Here is what Senate Bill 1204 would define pandering as;

A person who arranges, causes, encourages, induces, persuades, or procures another person to be a prostitute, with the intent that the other person engage in an act of prostitution, is guilty of pandering, a felony, and shall be punished as provided in subdivision (b).

As a lawyer, my biggest issue with this language is that it requires a court’s interpretation to really understand. It is not clear on its face, which makes it possibly unconstitutional. What does “encourages” mean? If I say to my friend “hey you would make a great prostitute!” – have I just encouraged that person to be a prostitute and therefore I am guilty of the crime of pandering ? What about my free speech rights ? What if my friend who is a prostitute says, “gee I wish I could see a client today because I really need to feed my child/pay my rent but I cannot afford condoms” and I give that person condoms, have I encouraged the act of prostitution ? What if I as a lawyer – give advice to a prostitute, not related to the act of prostitution, have I just committed pandering ? As you can see, words matter. And this bill is very badly worded.

Therefore, I would encourage you to contact Senator Patricia Bates office and encourage her to kill her own bill.

Link to Senator Bates — https://bates.cssrc.us/

Link to SB 1204 — http://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=201720180SB1204

It appears that FOSTA is being held by the House of Representatives before being presented to President Trump for signature. Why the bill is being held, is anyone’s guess. It could have been held to prevent a pocket veto, or it may be held so that an official signing ceremony can be planned. We have seen these types of ceremonies before, where the bill sponsors and supporters gather around the President as he signs the bill and then presents ceremonial pens to the people gathered. Everyone claps, pats each other on the back and says how great the law being signed is. Trump especially loves these ceremonies.

None-the-less, as of April 5th FOSTA is still not law. Keep checking AdultBizLaw.com for updates on FOSTA Watch 2018.